• 의료법학
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• 제19권1호
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• pp.113-142
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• 2018

최근 의사에 의한 형사범죄 사건 발생 시 죄의 종류에 관계 없이 일정 수준 이상의 형을 선고받게 되면 면허취소처분이 이루어져야 한다는 의견이 제기되고 있으며, 이에 대한 법안이 국회에 대표발의 되는 등 논의가 본격화될 것으로 전망된다. 국민 일반이 의사에게 기대하는 도덕성 윤리성이나 법치의식의 수준, 다른 전문직역에 대한 면허취소제도 등을 고려할 때 의사의 형사범죄에 따른 면허취소는 일정부분 타당하다고 평가될 수 있다. 그러나 정제되지 않은 추단이나 감정적 판단에 기인하여 허술한 제도설계가 이루어질 경우 예기치 못한 부작용이 발생할 가능성이 있다. 사회적 용인가능성이 없는 중대한 형사범죄에 대해서는 의사 면허취소처분을 통하여 국민일반을 위험으로부터 보호하는 조치가 타당하다고 평가될 수 있을 것이다. 그러나 고위험 의료행위가 갖는 구명성과 높은 과실위반 노출성, 사회적 유용성 등의 특성을 감안할 때 업무상과실치사상죄 및 일부 경미한 범죄행위는 반사회성이 높은 형사범죄행위와 동일하게 평가하기 어려운 측면이 있다. 의사는 다른 전문직과 동일하게 취급될 필요성이 있는 동시에, 위험을 감수하고 환자의 생명을 다루는 특수성을 지닌 전문가이므로 의료의 본질적 특수성 및 보건의료시책상의 필요성 등을 고려하여 보다 구체적이고 실증적인 제도 도입 논의가 이루어져야 할 것이다. 이에 따라 본고에서는 위와 같은 판단과 문제의식에 기초하여 의사의 직업윤리 및 국내 외 형사범죄와 연계된 의사면허취소제도를 살펴보고 우리나라의 실정에 맞는 다양한 입법론적 대안을 살펴봄으로써 합리적인 제도수립에 도움이 되고자 한다.

• 한국한의학연구원논문집
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• 제18권1호
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• pp.45-52
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• 2012

Objectives : Our study aims to provide a collaborative Internet terminology dictionary like Wikipedia, where about 30,000 concept terminologies with respect to traditional Korean medicine (TKM) are shared and TKM experts can edit the terminologies. Methods : The concept terminologies have been collected and refined for three years by the terminology management system, a custom-made software built upon the Oracle database, where each terminology is divided and normalized into one or more tables. The operation of Wikipedia depends on MediaWiki, a free and open source wiki software built upon the MySQL database. The database schema of our terminology management system is different from that of MediaWiki so that MediaWiki cannot used as our terminology dictionary. Thus, we propose a way to share and edit TKM terminologies with wiki-like user interface. Results : We devise a new terminology dictionary system to search and edit terminology upon the database of the terminology management system. The online terminology dictionary of TKM has the user interface and functions which is similar to Wikipedia to support collaborative works. Conclusions : Wikipedia is operated on MediaWiki which is can be downloaded and used freely under the GNU General Public License. However, there occur problems to use MediaWiki upon the legacy system. Thus, other wiki projects start, they should be considered.

• 한국의사학회지
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• 제29권1호
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• pp.33-45
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• 2016

Yeongnyeon-euisaeng (永年醫生) was a licensed Euisaeng (醫生) without time limit. Yeongnyeon-euisaeng was a member of bridging the gap between Joseon Dynasty and the Japanese colonial period in hanuigye (韓醫界). This study aims at better understanding the Yeongnyeon-euisang. In methods, several statistics have been served about Yeongnyeon-euisaeng on the basis of the Official gazette. The following facts have been found through the Official gazette. First, the time limitted licenses have been issued mixed with a permanent license. Secondly, Yeongnyeon-euisaeng lived longer than other people. Third, the residence of Yeongnyeon-euisaeng was a very high proportion in South Hamgyong Province. Fourth, Yeongnyeon-euisaeng played an important role in Korean medical doctor (韓醫師) system after the liberation. In addition, the correlation of multilateral for Yeongnyeon-euisaeng and Confucian doctor were examined. Area of the Confucian doctor decreased since the 17th century. Confucian doctor's region and position declimed during the Japanese occupation. But Confucian doctors were also culled as status of Korean medicine and Neo-Confucianism declimed.

• 대한예방한의학회지
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• 제26권3호
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• pp.17-28
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• 2022

Objectives : This study was conducted to prepare basic data for improving the system related to Extramural herbal dispensaries by analyzing the characteristic factors of Korean medicine clinics that affect the type of Extramural herbal dispensaries. Methods : This study utilized '2021 Korean Herbal Medicine Consumption Survey', with 1,817 final participants. We performed ANOVA to compare the characteristics of Korean medicine clinics according to the type of extramural herbal dispensary. Multinomial logistic regression analysis were conducted to analyze characteristics of Korean medicine clinics affecting the form of extramural dispensaries. Results : Among Korean medicine clinics, 71.22% of the institutions used only the intraherbal dispensaries, 11.12% of the institutions used the Extramural herbal dispensaries in parallel, and 17.67% of the institutions used only the Extramural herbal dispensaries. The characteristics of Korean medicine clinics that increased the probability of concurrently using extramural herbal dispensaries were institution area, bed presence or absence, number of regular workers, region, number of prescriptions for insurance herbal medicines, and number of prescriptions for uninsured herbal medicines. The characteristics of Korean medicine clinics, which increase the probability of using only extramural herbal dispensaries, were age, durations of clinical experience, specialist license, franchise, area, bed presence or absence, number of regular workers, number of prescriptions for uninsured herbal medicines, and price of treatment for diseases. Conclusion : The reason why Korean medicine clinics use extramural herbal dispensaries is the result of a combination of efficient use of clinic size and the preparation of uninsured herbal medicines.

• 대한예방한의학회지
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• 제16권3호
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• pp.89-105
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• 2012

Objectives : This study was carried out to know the status of clinical utilization of Korean medical knowledge and the Korean medical knowledge system which Korean medical doctors want. Methods : Questionnaires were distributed to Korean medical doctors registered for the Association of Korean medicine via the email and 249 answered questionnaires were analyzed. Results : 50.6 % of Korean medical doctors utilized the textbooks for Korean medicine when they treated their patients. The reason why they did not utilize the textbooks for Korean medicine was mostly that 'it could not be applied directly into clinical application with only contents of textbook because clinical approach (diagnosis and treatment methods) was not clearly described in the textbook'. 48.6 % of Korean medical doctors utilized the EBM materials when they treated their patients. EBM materials that they referred included domestic articles, other EBM materials excluding papers and international academic papers based on PubMed in order. The reasons why they did not utilize the EBM materials were mostly that 'it was difficult to find the evidence' and 'EBM materials were not actually helpful for the clinical practice.' It was found that Korean medical doctors approached the disease in aspects of Korean and Western Medicine concurrently upon the diagnosis of patients and performed the diagnosis and treatment of Korean medicine on the diseases which seemed to be effective with Korean medicine. It was also found that they thought that they needed to know the Western medical knowledge as much as general doctors who have a doctor's license or family medicine specialists who comprehensively treat the general diseases know. Korean medical doctors wanted to have the systematic summary of modern research performance in fields of acupoint, acupuncture, herbal drugs and formula. They thought that constitutional medicine and Sa-am acupuncture therapy were representative characteristics in Korean medicine differentiated from Traditional Chinese medicine and Kampo medicine. Conclusions : Korean medical doctors wanted to establish the Korean medical knowledge system based on evidence focusing on clinical and practical contents. New Korean medical knowledge system should be established based on these requirements in the future.

• 동서간호학연구지
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• 제7권1호
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• pp.32-47
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• 2002

This study is a descriptive comparative investigated one to analyze nursing education system and curriculum of Korea and China trans-culturally. 1) Education System The basic level of nursing education in Korea consisted of 65 3-year- junior college of nursing (7379 students) and 48 4-year-bachelor of nursing college (2345 students) in 2000 showing more 3-year-junior college of nursing and its students. In China, western nursing as well as Chinese nursing education system were operating. In 2000, 501 western school of middle technical nursing, 29 school of middle technical nursing of middle level education, and 89 3-year western and 24 Chinese junior college of nursing, and 42 4-year western bachelor of nursing college and 10 Chinese of high level education have been established. The presence of Chinese school of middle technical nursing system seemed to be in slower development in nursing than Korea, but that of Chinese nursing education seemed to be advanced with its national identification prior to Korea. Post graduate continuous education for RN-Diploma and RN-BSN program has been opened as in Korea. The Hosa(護士) system in school of middle technical nursing in China reflects lower level of education than Korea. But it can be a merit, other than in Korea, without nurses aids, when they are acting under supervision of nurses and led by them, and there presents a special course for promotion up to high level education. Graduate school in Korea is divided into general type opening a curriculum for MS in 1960 and as of 2000, 21 general types for majoring in nursing. The PhD course in Korea was established in 1978, and after that the PhD courses have been opening in 14 universities at present. China established master degree course in 1991 and as of 7 colleges are ongoing, and the doctoral course is now under planning, resulting slower development than Korea. 2) Education of theory and clinical practice in Korea and Chine (1) Korea's 3-year junior nursing college have 51 subjects, 49 subjects in China, which was not different. China was following education of ideology and medical. 4-year Bachelor of Science College has 92 subjects in Korea with cultural subjects and essential major studies/elective in theory education in Korea, while 63 subjects in China, showed wider selection in Korea's education. (2) Korea's 3-year and 4-year nursing colleges performed clinical practice education parallel with theoretical education for a certain period, block or theory/practice system. While China's 3-year and 4 or 5-year-colleges educated the theory first and then practice for one year in the last grade, integrating each situation of the departments and the theory. (3) Korea's oriental nursing theory in nursing education was performed in 28 colleges of 65 nationwide ones of 3-year junior nursing colleges, but only one school was educating clinical practice. In 4-year bachelor of nursing colleges, the oriental nursing theory was done in 14 among 48 investigated. And 1-4 subjects of them were doing, and 4 schools performed of clinical practice, showing more reinforced than the junior colleges. China's 3-year and 4-5-year western nursing colleges taught two subjects of Chinese medicine nursing. China's 3-year & 4-5-year College of Chinese medicine nursing, theory of Chines medicine nursing education taught eight subjects. (4) 5-year colleges of Chinese medicine western integrated nursing, theory of Chinese medicine nursing education consisted of twelve Chinese medicine nursing subjects and two of Chinese medicine western integrated nursing subjects. China was tempting a new development of a pattern of Chinese medicine nursing subjects reinforced. 3) The verification of Korean and Chinese nurse's license. The verification test of Chinese nurses license is differentiated at the level of education other than in Korea. Expire date is 2 years and a qualified test must be done to a renewal. And the continuing education hours are 72 per year, which is more enforced than Korean nurses (10 hours a year). In accordance with WTO regulations, we should prepare for opening foreign hospital, educating oriental nursing subjects. And on this, it is recommendable to settle a basic frame research to run the oriental nursing practice ongoing. 1. It is desirable to develop the oriental nursing subjects to apply its idea to the western nursing and differentiate Korean nursing. 2. It is desirable to certify oriental nurse's characters, to expand and develop the nursing areas to practice it, and to establish the oriental nursing system. 3. It is expectable to promote Korean nursing specialization to develop the oriental nursing as a professional and to create its demand.

• 의료법학
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• 제24권1호
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• pp.131-155
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• 2023

의료법은 무면허 의료행위를 비의료인에 의한 의료행위와 의료인에 의한 면허외 행위로 나누어 놓았다. 종래에는 의료행위와 한방의료행위를 엄격히 구분하는 것이 일반적 태도였으나 대법원 2022. 12. 22. 선고 2016도21314 전원합의체 판결은 한의사의 면허외 행위 판단기준과 관련하여 새로운 방향성을 제시하였다. 본 논문에서는 대상 판결에서 제시된 새로운 판단기준을 구체적으로 분석하고 새로운 판단기준의 의의와 이원적 의료체계에 미칠 영향을 검토하였다. 대상 판결의 새로운 기준과 기존 판례의 종전 기준이 가진 차별성은 판단의 근거를 한방원리와의 연관성에서 찾지 않았다는 점에 있다. 한방원리와 서양의학적 원리를 배타적으로 구분하는 이분법적 사고에서 벗어나 의료행위의 중첩성과 가변성을 적극적으로 수용하였다는 점에서 진일보한 기준인 것이다.

• 대한방사선기술학회지:방사선기술과학
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• 제29권3호
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• pp.197-210
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• 2006

방사선기술 분야는 비약적으로 확대되고 있고, 중앙화 집약화 표준화 전문화되고 있다. 이를 기반으로 하는 방사선사의 역할 및 업무영역은 해를 거듭할수록 더욱 고도화, 전문화되고 있음은 폭넓게 인정된 사실이다. 이 연구는 우리나라에서 방사선사와 관련한 면허제도, 교육, 전문적 업무, 법률의 변천과정과 실태 및 동향을 조사하고 분석하여, 향후 전문 직업으로서 방사선사의 발전 전략을 모색하고자 수행하였다. 조사한 자료를 분석 및 검토하여, 다음과 같은 결과를 얻었다. 방사선사의 국가면허 제도는 1965년부터 시작되었으며, $1965{\sim}1972$년에는 엑스선사(의료보조원), 1973년${\sim}$2006년 현재까지 방사선사(의료기사) 면허로 시행되었다. 방사선사 국가시험$(1965{\sim}2006년)$의 평균 합격률은 46.6%이었다. 앞으로 국가시험에서 시험방법, 시험과목, 문항 수준 등을 개선할 필요가 있다. 방사선사 양성 대학의 교육연한은 $1963{\sim}1990$학년도는 2년, $1991{\sim}1999$학년도는 3년, $2000{\sim}2006$학년도는 4년과 3년제로 운영되었다. 2006학년도 현재, 4년제 대학교 12개, 3년제 대학 18개이었고, 입학정원은 1,956명이었다. 의료와 과학의 발달에 따라, 방사선기술과학 교육의 발전적 패러다임을 구축해야 한다. 전문방사선사 제도는 2004년부터 민간자격(대한방사선사협회 주관)으로 운영하고 있으며, 앞으로 국가자격으로 발전시킬 필요가 있다. 방사선사와 의료인, 의료종사자 사이의 수직적, 수평적 관계를 법률 개정을 통해 재정립 하여야 한다. 특히, 의사 또는 치과의사의 의료기사에 대한 '지도' 권한은 '처방 또는 의뢰'로 개정하여야 한다. 의료현장에서 방사선사의 전문적 업무상황을 반영하여 '방사선사의 업무범위'를 확대하고, 업무범위를 규정한 의료기사 등에 관한 법률을 개정하여야 한다.

• 한국한의학연구원논문집
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• 제14권3호
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• pp.149-154
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• 2008

With sophisticated clinical skills and the effectiveness of Traditional Korean Medicine(TKM), many TKM doctors look forward to over seas expansion. About 450 TKM doctors had NCCAOM certificate, but only 40 TKM doctors arc in US now. Because The status of NCCAOM certificate in USA is not adequate enough for TKM doctors to perform medical treatments. In case of US, State medical boards depend to a large extent on the Educational Commission for Foreign Medical Graduates(ECFMG) for certification of international medical graduates (IMGs) seeking licensure in the United States. In addition to receiving certification that includes verification of education credentials, IMGs must pass Steps I and II of the USMLE. In order to obtain a license to practice in the United States, IMGs must successfully complete a residency in a program approved by the American Council of Graduate Medical Education(ACGME) and the complete Step III, the final step in the USMLE. TKM doctors, in the prospective of overseas expansion, applied to ECFMG and their applications have been rejected. This circumstance happened because Korea is unique country in the world with two different medical licensing system, Oriental and Western, both being physician workforce. Rejection by ECFMG occurred because of their minimal understanding of Korea's situation, while the responsibility to inform, propagate and protect TKM doctors own rights depend exclusively to Korean government, TKM doctor oneself and its related organizations, all the members should endeavor on it.

• Korean Journal of Acupuncture
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• 제37권3호
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• pp.172-182
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• 2020

Objectives : In this study, we conducted a focus group interview among expatriates living in Korea, to investigate their experiences and perceptions of acupuncture and Korean Medicine in order to improve the usage of Korean Medicine in the medical tourism market. Methods : The inclusion criteria for the focus group interview was: (1) participants between the age of 20 to 75 years old; (2) those who had lived in Korea for more than 90 days, and (3) those who were able to express their thoughts freely in English. The participants were informed that the interviews will be recorded and transcribed. We ended recruitment once saturation of materials was met. Semi-structured interviews were conducted, and the data was analyzed after each interview. Results : The interviews were held between June to December 2016. Twenty-four participants were recruited but four dropped out and a total of twenty participants successfully finished the interviews. Six focus group interviews were conducted. Analysis revealed that Korean Medicine was relatively less known compared to Traditional Chinese Medicine or Complementary and Alternative Medicine. Participants automatically associated acupuncture with the management of pain or stress and replied that these were the areas that they thought acupuncture would be most effective. Positive experiences with acupuncture and with the acupuncture practitioners were factors that promoted the use of acupuncture whereas lack of awareness, accessibility and accreditation were factors that hindered its use. Other factors that hindered the use of acupuncture was needle phobia and the perception that acupuncture lacks scientific evidence. Conclusions : Awareness on Korean Medicine and acupuncture is low. Participants lack awareness on what diseases acupuncture can treat, the scientific evidence behind the mechanism of action, and the rigorous education system that Korean Medicine doctors must go through to get their license. Rigorous marketing should be encouraged, which includes greater exposure in the media, more honest reviews from patients, and promotion of the scientific evidence base.